White Papers

The State of Emerging Data 2023: An Overlapping Arrival and Departure

Emerging data sources passed a tipping point this year. It was an expected turn for experts watching the evolution of systems, applications, technology adoption and communication habits over the past several years. Some understood that this year would bring an arrival of a new data reality. Indeed expectations have been validated — 71% of CIOs from the world’s largest organizations now say that the explosion of data is beyond human ability to manage. Simply, traditional data norms have been replaced by a complex, vast, dynamic and constantly changing data universe.

Recommendations for How to Respond to the U.S. Department of Justice’s Evolving Enhancements to its Corporate Criminal Enforcement Policies

On January 17, 2023, in furtherance of the U.S. Department of Justice’s (“DOJ”) efforts to enlist corporations to help fight corporate criminality, Assistant Attorney General Kenneth A. Polite, Jr. (“Polite”) delivered remarks on revisions to the Criminal Division’s Corporate Criminal Enforcement Policies. His remarks followed Deputy Attorney General Lisa Monaco’s September 15, 2022 memorandum (the “Monaco Memo”) that announced changes and enhancements to these policies that aimed to strengthen and clarify existing guidance. The updated policies set forth in the Monaco Memo and reinforced by Polite, continue DOJ’s efforts to, among other things, incentivize corporations to develop more robust compliance programs with sustainable compliance cultures to: (1) prevent misconduct from occurring; and (2) obtain favorable treatment from the DOJ in the event that the corporation engages in criminal conduct that becomes the subject of a DOJ criminal investigation, whether through voluntary disclosure or otherwise.

The Most Valuable, Vulnerable Commodity

The FTI Technology Digital Insights & Risk Management Study, a comprehensive report that examines the extent to which organizations are recognizing the high stakes of data and effectively managing digital risk, involved senior business leaders from various global geographies and industries, with over 90% being at the executive level with primary or final decision-making authority.

2023 Privacy and AI Governance Report

This report explores the state of AI governance in organizations and its overlap with privacy management. We focused on companies’ change processes when striving to use AI according to responsible AI principles such as privacy, accountability, robustness, security, explainability, fairness and human oversight. This study aims to report on different approaches to governing AI in general and to explore how these nascent governance efforts intersect with existing privacy governance approaches

The 2023 General Counsel Report

Risk is now at the center of every conversation in the modern legal department. Over four consecutive years of study in the annual General Counsel Report, in-house counsel have expressed how they’ve been required to evolve and reinvent their roles. Once seen only as risk mitigators, they have become strategic business partners and have taken on an array of new responsibilities across a widening risk landscape.

Five Resolutions for Intentional Legal Operations Improvements

In legal operations, the best laid plans often go awry. More than half of corporate legal departments are currently struggling to effectively implement business process improvements and/or manage their budgets as they work to reduce costs, accelerate service delivery and realize efficiencies. Despite their objectives to optimize across process, technology, vendor management, resource allocation and more, 53% either do not have or are still developing a defined roadmap and strategy. Against that backdrop, most expect that successfully realizing and solidifying their programs will persist as a leading challenge in the year ahead.

Privacy as a Lingua Franca?

Translating the increasing alignment and divergence in global data protection regulation.

Incorporating Data Analytics into a Company’s Antitrust Compliance Review, Monitoring, and Audit Program

Proactive compliance monitoring programs are becoming increasing important to mitigate the risks and fallout associated with rising regulatory enforcement. It’s important to note that these programs can be implemented without significant resources or investment in new tools. With the right planning and expertise, a company’s existing data and systems can be used to incorporate data analytics and communications monitoring into any compliance program.

Establishing Information Governance Best Practices for Microsoft 365 Deployments

Microsoft accounts for 92% of the content services market, with most organisations utilising services within Microsoft 365 and/or Microsoft Teams to enable productivity and efficient remote working. In 2020, Microsoft 365 users generated more than 30 billion collaboration minutes in a single day as people communicated, collaborated and created documents at accelerating speed. This pace of adoption and scale of use has made it difficult for many organisations to maintain consistent information governance (IG).

The State of Emerging Data 2022: Waking a Sleeping Giant

Compliance, legal and IT teams face a dynamic data universe that is generating an unprecedented and varied influx of risk. The increased use of cloud-based and collaboration tools is creating challenges across investigations, legal matters, governance and data protection. Adapting to this new landscape of emerging data sources will be paramount to mitigating risks and establishing new best practices.